Cecily Zamora
A by-law is a set of rules or laws established by an organisation or community to regulate itself, with the degree of control determined by a higher authority. By-laws are often established by entities such as businesses, neighbourhood associations, or municipalities. In the United Kingdom and some Commonwealth countries, by-laws are local laws established by municipalities, regulated by central governments. In contrast, national legislation refers to the laws enacted by a country's central government, such as the United States Congress or the UK Parliament. These laws apply uniformly across the nation and cover a wide range of topics, including civil liberties, taxation, and foreign relations. National legislation is typically more comprehensive and far-reaching than by-laws, which tend to focus on specific local issues or organisational procedures.
| Characteristics | Values |
|---|---|
| Applicability | By-laws are local or limited laws, whereas national legislation applies to the whole country. |
| Scope | By-laws regulate specific communities, organizations, or municipalities, while national legislation covers a broader range of issues affecting the entire nation. |
| Authority | By-laws are established by local councils, municipalities, or organizations, while national legislation is enacted by the country's legislative body, such as Congress or Parliament. |
| Hierarchy | By-laws are subordinate to national legislation and the country's constitution. |
| Flexibility | By-laws vary from organization to organization and are tailored to their specific needs, while national legislation is more standardized and uniform across the country. |
| Examples | Examples of by-law topics include parking regulations, pet restrictions, and organizational procedures. National legislation covers areas such as taxation, welfare, elections, and civil liberties. |
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What You'll Learn
- By-laws are rules established by an organisation or community to regulate itself
- By-laws are subordinate to national legislation
- By-laws are established by entities such as a business corporation or neighbourhood association
- In the UK, by-laws are laws of local or limited application made by local councils
- By-laws in the US cannot be regulated by the federal or state government
By-laws are rules established by an organisation or community to regulate itself
By-laws are particularly relevant for organisations and corporations. Corporate by-laws, for example, are drafted by a corporation's founders or directors and focus on the operation of the organisation. They cover topics such as the purpose of the organisation, membership, election of directors, meeting procedures, and the duties of officers.
In the context of universities, by-laws are often termed statutes. For British universities incorporated by royal charter, the principal by-laws are typically called statutes, a terminology derived from the University of Cambridge. The revision of these statutes requires the approval of the Privy Council.
In Australia, there are five types of by-laws, including state government and local government by-laws. State government by-laws are established as "statutory rules" under an empowering Act, while local government by-laws regulate areas such as parking, drinking alcohol in public places, fire prevention, and zoning controls.
By-laws are also relevant in the United States, where municipal law is regulated by state governments and the federal government. However, the federal government and most state governments cannot directly regulate the single provisions of municipal law.
Overall, by-laws serve as a form of self-regulation for organisations and communities, operating within the framework established by higher authorities.
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By-laws are subordinate to national legislation
By-laws are a set of rules established by an organisation or community to regulate itself, as allowed by a higher authority. This higher authority, typically a legislature or government body, determines the degree of control that by-laws can exercise. By-laws are often established by entities such as businesses, neighbourhood associations, or municipalities, depending on the jurisdiction.
In the United Kingdom, by-laws are considered local laws made by local councils or other bodies using powers granted by an Act of Parliament. They are, therefore, a form of delegated legislation and are subordinate to national legislation. For example, British universities incorporated by royal charter have principal by-laws termed statutes, which require the approval of the Privy Council for revision.
In Australia, there are five types of by-laws established by statute. State government authorities create by-laws as "statutory rules" under an empowering Act, and local government by-laws are the most prevalent, regulating parking, drinking alcohol in public, fire prevention, and zoning controls. These by-laws are subordinate to national legislation, as they are created under the authority of an empowering Act.
In the United States, the federal government and most state governments cannot directly regulate municipal law provisions. However, the US Constitution is the supreme law of the nation, setting out the boundaries of federal law, including Acts of Congress, treaties ratified by the Senate, and regulations from the executive branch. State courts are not bound by federal court interpretations of federal law, except for the US Supreme Court, which is the highest authority.
In Japan, by-laws constitute part of the legal system but are subordinate to the Japanese constitution, considered the lowest level of legislation.
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By-laws are established by entities such as a business corporation or neighbourhood association
By-laws are a set of rules or laws established by an organisation or community to regulate itself, as allowed by a higher authority. This higher authority, often a legislature or government body, determines the degree of control that the by-laws may exercise. By-laws are often established by entities such as business corporations or neighbourhood associations.
Business corporations, for example, must write their own by-laws, which are established by the board of directors. These by-laws govern how the business entity will operate and are like legal guidelines for the business. They cover areas such as the purpose of the organisation, its members, how directors are elected, and how meetings are conducted. They also ensure consistent and agreed-upon voting and decision-making procedures.
In the case of neighbourhood associations, by-laws are established by the association members and are specific to the jurisdiction. For instance, in the United Kingdom and some Commonwealth countries, local laws established by municipalities are referred to as by-laws as they are regulated by the central governments of those nations.
By-laws are also prevalent in universities, where they are often termed statutes. These by-laws are revised with the approval of the Privy Council.
Overall, by-laws established by entities such as business corporations or neighbourhood associations are specific to the organisation or community and are created to regulate their internal operations and decision-making processes.
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In the UK, by-laws are laws of local or limited application made by local councils
By-laws are also referred to as local laws and are made by local councils or other bodies. They are of local or limited application and pertain to specific subject areas. For example, the Welsh Parliament makes laws for Wales on specific subjects, while outside these areas, local authorities or the UK government make laws that apply to Wales.
In the context of British universities, the principal by-laws are typically termed statutes. For universities incorporated as civil corporations, such as Oxford and Cambridge, the procedure for revising these statutes is defined in relevant legislation, such as the Universities of Oxford and Cambridge Act 1923.
By-laws can also be established by corporate organisations and are concerned with the operation of the organisation. They cover topics such as the purpose of the organisation, membership, election processes, meeting procedures, and descriptions of officers' duties.
In Australia, there are five types of by-laws, including state government and local government by-laws. Local government by-laws are the most prevalent and regulate areas such as parking, drinking alcohol in public places, fire prevention, and zoning controls.
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By-laws in the US cannot be regulated by the federal or state government
In the United States, bylaws are rules established by an organization or community to regulate itself, as allowed by a higher authority. This higher authority, often a legislature or government body, determines the degree of control that bylaws can exercise. Bylaws are commonly established by entities such as businesses, neighbourhood associations, or municipalities, depending on the jurisdiction.
The US Constitution, which outlines the foundation of the federal government and various civil liberties, is the supreme law of the land. It establishes the boundaries of federal law, which includes Acts of Congress, treaties ratified by the Senate, executive branch regulations, and federal judiciary decisions. While the Constitution and federal laws take precedence over state laws, the scope of federal power is not absolute. The US comprises 50 states, each with its own constitution, government, and courts, allowing for a degree of sovereignty.
In the context of bylaws, the federal government and most state governments in the US do not possess direct regulatory power over municipal bylaws. Municipal laws refer to local laws established by municipalities, and in the US, their scope is not regulated by the federal or state government. Instead, these bylaws are created by the municipalities themselves to govern specific communities or organizations.
For example, strata bylaws in Australia govern what residents of strata title housing can do in their homes, such as the common "no pets in flats" rule. Similarly, in the US, municipal bylaws can regulate various aspects of community life, such as parking, drinking alcohol in public places, fire prevention, and zoning controls. These bylaws are specific to the needs and characteristics of the communities they serve.
While the federal and state governments may not directly regulate the provisions of municipal bylaws, the higher authorities, such as legislatures or government bodies, still establish the overall framework within which these bylaws operate. This includes defining the degree of control and scope of the bylaws to ensure they align with broader legal principles and do not infringe on protected rights.
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Frequently asked questions
A by-law is a set of rules or laws established by an organisation or community to regulate itself. The degree of control that the by-laws may exercise is established by a higher authority, such as a legislature or government body.
National legislation refers to the laws passed by a country's legislative bodies, such as Acts of Parliament or Congress. These laws apply to the entire country and cover a wide range of topics, including civil liberties and federal law.
By-laws are typically created by organisations, communities, or local councils, while national legislation is created by a country's legislative bodies. The process for creating by-laws can vary depending on the organisation or community involved, while the process for creating national legislation is usually more formalised and involves multiple steps, including drafting, debate, and voting.
No, by-laws are considered subordinate to national legislation. In the case of a conflict between a by-law and a national law, the national law would take precedence. By-laws are subject to the control of a higher authority and may be overridden or vetoed.
